Chapter 239
AN ACT PROVIDING FOR EXPENDITURE FOR THE UNCOMPENSATED CARE TRUST FUND.

Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is to
provide forthwith expenditures for the Uncompensated Care Trust Fund,
therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the
public convenience.

Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
as follows:

SECTION 1.
Notwithstanding any general or special law to the
contrary, during fiscal year
2005 and including the accounts payable period for that fiscal year, the
executive office of health and human services may expend from the medical
assistance intergovernmental transfer account within the Uncompensated Care
Trust Fund an amount not less than $800,000,000 for a program of MassHealth
supplemental payments to certain publicly-operated entities providing Title XIX
reimbursable services, directly or through contracts with hospitals under an
agreement with the office relating to such payments and transfers as
established in accordance with Title XIX of the Social Security Act or federal
waivers thereof, federal regulations promulgated thereunder, the terms of the
waiver under section 1115 of the Social Security Act, state law, and the
Medicaid state plan. The funds may be expended only for payment obligations
arising during fiscal year 2005. Such expenditures shall reduce payments from
the Uncompensated Care Trust Fund to such entities by an amount comparable to
the net revenues received by such entities under this section. The office
shall notify the house and senate committees on ways and means if such
expenditures are rendered ineligible for federal reimbursement. Amounts so
authorized for expenditure shall be funded in part through intergovernmental
transfers to the commonwealth of municipal or other non-federal public funds.
The Boston Public Health Commission and the Cambridge Public Health Commission
shall transfer to the medical assistance intergovernmental transfer account an
amount equal to 55 per cent of the gross amounts of supplemental payments made
by the office under managed care contracts with the commissions. An amount
equal to 1.94 per cent of the total amount that the Boston and Cambridge Public
Health Commissions transfer to the medical assistance intergovernmental
transfer account pursuant to this section shall be transferred from the medical
assistance intergovernmental transfer account to revenues available for the
administration of the uncompensated care pool, as established under subsection
(d) of section 18 of chapter 118G of the General Laws. An amount equal to 7.16
per cent of the total amount that the Boston and Cambridge Public Health
Commissions transfer to the medical assistance intergovernmental transfer
account pursuant to this section shall be transferred from the medical
assistance intergovernmental transfer account and credited to the Distressed
Provider Expendable Trust Fund.